Legal Opinion

MTR. OF KITCHINGS v. Jenkins

New York Court of Appeals

Decided May 9, 1995PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The primary issue here is whether Civil Service Law §§ 52 and 63 required a competitive examination before respondents were advanced from the position of Transit Property Protection Supervisor Level I to Transit Property Protection Supervisor Level II. Because the Appellate Division properly held that the assignment to the duties at either of two levels within a permanent civil service title is reasonable and is neither a promotion nor a demotion, we affirm.

In this CPLR article 78 proceeding, petitioners are New York City Transit Authority employees assigned as…

2Cases cited5 opinions

  1. Lenihan v. City of New YorkNew York Court of Appeals · 1982
  2. Matter of Sanger v. GreeneNew York Court of Appeals · 1935
  3. Engel v. City of New YorkNew York Court of Appeals · 1980
  4. Lenihan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
  5. Green v. LangNew York Court of Appeals · 1966

3Cited by6 opinions

  1. Ganley v. GiulianiNew York Supreme Court · 1997
  2. Campbell v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
  3. Ensley v. DiamondAppellate Division of the Supreme Court of the State of New York · 1999
  4. Gorman v. Von EssenAppellate Division of the Supreme Court of the State of New York · 2002
  5. Schwartzbaum v. HornAppellate Division of the Supreme Court of the State of New York · 2008

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